The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1887-11-19
THE INFLUENCE OF CHRISTIANITY ON
ROMAN LAW.
BY REV. WILLIAM TUCKER, D. D.
Mount Gilead, o.

~sIn every age of the world religion has
had a controlling influence on law. This
is natural. Law is the natural out
growth of the thoughts, feelings, pas
sions, wants, and the domestic, social
and business relations of the people
The experience and history of man
shows that religion has been one of the
most important factors in human prog
ress and civilization. A nations laws
indicate the stage of civilization it has
reached, and as religion has been the
great civilizer, they give proof of the in
fuence of religion upon the thought,
life and character of the people. Sir
Henry Maine, in his "Ancient Law"
early Institutions, and Village Com
munities,' has recognized the infu-
ence Of Christianity on the Brehon laws
of Ireland, and has pointed out the
manner in which it modified and
changed Roman law The testimony
of this high authority in the history
and philosophy Of law should settle the
question of the influence of the Christ
ian religion upon the laws of the empire.
DR.. Hadley, in his Introduction to
manLaw, ,''has called attention to the
same fact, and DR.. Peabody in his lee
lures on Moral Philosophy, )" has placed
the fact of the influence of Christianity
on Roman law hey ond a rational doubt
Mr.. Thwing, in his able work on the
Family" not only recognizes this in
fluence, but shows how it affected the
condition and legal status Of woman,
and modified the laws of marriage, di-
vorce, and the family-laws that lie at
the very foundation of society, and
which make the existence of the state
possible. The efficient ref0Tmers of
the Roman law were all of them, nom-
inally Christians. Constantine, in the
spiritual sense of the word can hardly
be called a Christian, but he called him
self Christian, and his improved leg
islation was dictated by bishops who
were his conscience keepers.
Justinian, one of the most able legis-
latOrs the world has ever produced, was
a Jealous Christian. OF the series of
Christian emperors in early centuries,
there was hardly one whose DEGREES and
enactments did not bear the impress of
his faith, and effect something in vim
dication of the rights of humanity. To
verify this statement, we will consider
the influence of Christianity on Roman
law, as it affected the domestic, social,
property aud legal relations and rights
of the different groups of Roman sOci-
ETY.. The gigantic evil under Roman
law was slavery. And the laws estab-
fishing and regulating this cruel system
of bondage were never modified and
made more humane until the influence
of Christianity was felt in Roman sOei-
ETY.. Under Nero, it was enacted that
magistrate might receive the complaint
of a slave against his master; and it is
on record that rescripts Of Antonius
Plus, in whose reign Christian influence
was largely felt, declared the master
who killed his slave guilty of murder.
But these laws were evidently not gem
orally enforced, as they are not men
toned until they are cited in Justini-
ans Institutes. In the legal history of
Rome, there is before Constantine's
time, but a single instance of any pen
atty imposed on a cruel slave-owner;
and that is the case of a young girl who
was condemned by Hadrian to barish-
ment for the torture of her female slaves.
Constantine, after his conversion, is
sued the first edict for the protection
Of slaves which seems to have had any
effect in mitigating the evil and cruelty
of the system. Constantine enacted